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Unprecedented process in the Bundeshaus: SVP parliamentary group recommends Chief Justice Yves Donzallaz to parliament to vote against.
The SVP wants to expel Yves Donzallaz. (KEYSTONE / Gaetan Bally)
KEYSTONE
The process is unique in recent Swiss history. The SVP wants one itsmereown federal judge’s office hget sick. The SVP parliamentary group has i’m dimenstag andHe decided to recommend federal judge Yves Donzallaz to the United Federal Assembly to vote against. The reason: the SVP does not like Donzallaz’s verdict.
SVP National Councilor Gregor Rutz said the decision was made with a “narrow majority” of the National Councils and Councils of States present. The values of Richter and Political party it would have been “too far away.”
Donzallaz was Involved in several lawsuits that do not suit the SVP. In 2015, together with other judges, he came to the conclusion that the free movement agreement with the EU prevails over the mass immigration initiative in cases of doubt. He was also one of the three judges who 2019 decided that Big bank UBS must have details of around 45,000 bank accounts France delivers.
Examination of conscience in the Federal Palace
Donzallaz, now 58 from Valais , was elected to the highest court in 2008 at the suggestion of the senior vice president. Now he has, like all federal judges, on September 23, the total renewalsmake a decision. Usually this is a question of form because the Federal Assembly the independence of federal judges traditional sfairly weighted. So recommends the Judicial Commission aThis time those 37 of the 38 Federal judgethey are running again, to Wiederwahl.
“The SVP tries to take the judiciary in a freehold.”
SVP Parliamentary Group Leader Thomas Aeschi I had already submitted the request to the judicial commission in vain, Donzallaz no longer be configured like this Public “Sunday view” done. JThe parliamentary group is now far behind the opt-out plan.
Assignments to Bern
Vor ihremote decision has dDonzallaz’s parliamentary group called a hearing in Bern. Or, as Donzallaz said: a “test of conscience.” rememe Political party expectedthat Donzallaz a Art Disclosure oath abandon the basic attitudes of the party.
He couldn’t have done that, Donzallaz said afterward. a good twenty minutes Listening. For a judge, it is “impossible to use a match program when judging.” As a judge, you are bound by the constitution and the law.. There judicial independence is essential.
Donzallaz’s statements did not sit well with the group. A member of the parliamentary group said they were “speechless about Donzallaz’s arrogance.”
reonzallaz says on the other handThe SVP has been pressuring him and other judges for years to make politically acceptable judgments. TO now he kept quiet in public. But now the party has crossed a line. «The SVP tries to take over the judiciary in an absolute domain.»
That is no longer acceptable, that’s why he personally responded to the group’s questions, Donzallaz said. The problem that arises in this case “goes beyond me.” It’s about the independence of Swiss Judicial like an everything.
“The responsibility of the party”
However, national councilor SVP Gregor Rutz maintains that a judge also has a certain basic conviction, as does a member of the government or parliament.it is. “No one is free from a basic attitude.” This also influences the judgment, says Rutz. To take this into account, Swiss courts are composed according to the proportion of parties. In Donzallaz’s case, it turned out that he no longer shared the SVP values that he had originally proposed. That’s why be “The responsibility of the party”, here corrective action.
It is not the SVP parliamentary group that makes political decisions, but Donzallaz, as a judge, who judges politically. “
National Councilor SVP Thomas Matter justified the recommendation to vote against: “According to the constitution, parliament elects federal judges. If it is no longer free for this decision, the constitution becomes a sham. “Matter accuses Donzallaz of not respecting the constitution and the law in several rulings.” It is not the SVP parliamentary group that makes political decisions when it recommends voting in against, but Donzallaz, as a judge, judges politically “.
More to come.
